| Title: |
HIGH TECHNOLOGY ENTREPRENEURS AND THE PATENT SYSTEM: RESULTS OF THE 2008 BERKELEY PATENT SURVEY. |
| Authors: |
Graham, Stuart J. H.; Merges, Robert P.; Samuelson, Pam; Sichelman, Ted |
| Source: |
Berkeley Technology Law Journal; Fall2009, Vol. 24 Issue 4, p1255-1327, 73p |
| Subject Terms: |
PATENTS; BIOTECHNOLOGY; MEDICAL equipment; INFORMATION technology |
| Geographic Terms: |
UNITED States |
| Abstract: |
We offer description and analysis of the 2008 Berkeley Patent Survey- the first comprehensive survey of patenting and entrepreneurship in the United States-summarizing the responses of 1,332 early-stage technology companies founded since 1998. Our results show that entrepreneurs have varied and subtle reasons for using the patent system, many of which diverge from the traditional theory that patents provide an "incentive to invent." Somewhat surprisingly, startup executives report that patents generally provide relatively weak incentives to conduct innovative activities. But while a substantial share of early-stage companies hold no patents, we also find that holding patents is more widespread than previously reported, with patenting patterns and motives being highly industry, technology, and context specific. When early-stage companies patent, they are often seeking competitive advantage, and the associated goals of preventing technology copying, securing financing, and enhancing reputation. We find substantial differences between the health-related sectors (biotechnology and medical devices), in which patents are more commonly used and considered important, and the software and Internet fields, in which patents are reported to be less useful. Startups with venture funding hold more patents regardless of industry, although unlike software companies, venture-backed IT hardware firms show a patenting pattern more similar to that of health-related firms. When choosing not to patent major innovations, early-stage companies often cite to cost considerations, and report substantially higher patenting costs than the prior literature has estimated. Our unique findings help inform the ongoing debate about the role and usefulness of the patent system. [ABSTRACT FROM AUTHOR] |
| : |
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| Database: |
Complementary Index |